General business terms for transportation by bus
§ 1 - Quotation and contract conclusion
Quotations of Busvermietung24 GmbH are non-obligatory and non-binding, unless a different agreement was signed.
The ordering party can place an order in writing, in electronic form or orally. The order will be binding for the ordering party for 14 days. A contract with Busvermietung24 GmbH will come into effect only after the ordering party receives a contract confirmation from Busvermietung24 GmbH within this period in written or in electronic form, or for short-term bookings, through the acceptance of the transport service, even if a different agreement was signed. For short-term bookings up to 14 days before transportation, the immediate written confirmation or confirmation in electronic form or the acceptance of the transport service by the ordering party can lead to the conclusion of the transportation contract.
Decisive for the transportation contract are: the quotation, the written contract confirmation as well as these general business terms and conditions of Busvermietung24 GmbH. If the contract confirmation contains changes or deviations from the contract, the content of the confirmation will be treated as basis of the contract if the ordering party accepts the confirmation within 1 week of the receipt of the confirmation or accepts the transportation service without any objections.
Subsequent changes, additions or supplementary agreements of the transportation contract will be a considered only if these are concluded expressly with Busvermietung24 GmbH. Such agreements must be made in writing or recorded in electronic form.
If the ordering party intends to transport football fans or politically motivated groups, this factor must be conveyed to Busvermietung24 GmbH in the order in writing or in electronic form.
§ 2 - Services and service changes
The contractual service of the transportation service includes the provision of the required number of omnibuses with driver and the execution of the contractually agreed transportation. Busvermietung24 GmbH is entitled to commission sub-contractors even from outside Europe to provide the transportation service. Unless a different agreement is signed, only one driver will be provided who will be deployed within the framework of the legal, driving-, shift- and resting periods.
The contractual service does not include:
- Supervision of the passengers, objects that are left behind by the ordering party or passengers in the passenger compartment, and the loading and unloading of the luggage of the ordering party or the passengers.
- Compliance with foreign exchange-, passport-, visa-, customs- and health regulations as well as the observation of the rules arising from these regulations or other obligations.
After the commencement of the contract, if circumstances occur that necessitate a change in service by Busvermietung24 GmbH and the service is provided without any breach of trust by the company, then these service changes are to be viewed as permissible, provided these are minor changes and are reasonable for the ordering party. Busvermietung24 GmbH will inform the ordering party about the service changes after it comes to know about the circumstances that make the service change necessary.
Service changes by the ordering party must be conveyed to Busvermietung24 GmbH in advance, in writing or in electronic form, and will become an integral part of the contract only if Busvermietung24 GmbH grants its approval expressly in writing or in electronic form.
§ 3 - Compensation
The ordering party must pay the contractually agreed compensation plus possible costs accruing to service changes desired by the ordering party. The compensation does not include overheads connected to the transportation e.g., road and parking fees, accommodation and boarding costs at least in the form of half board for the driver, unless a different contract is signed.
Busvermietung24 GmbH reserves the right to levy additional charges attributable to circumstances for which Busvermietung24 GmbH is not responsible, e.g., unforeseeable route- or programme changes, provided these are attributable to the ordering party or to a circumstance listed in Article 6.1.
The ordering party must make an advance payment of 15% of the agreed compensation within 14 days of receipt of the order confirmation of Busvermietung24 GmbH, and pay the remaining amount latest 14 days before the start of the journey, unless a different contract is signed.
§ 4 - Cancellation by the ordering party
The ordering party can cancel the contract any time before the start of the tour. The cancellation must be conveyed to Busvermietung24 GmbH in writing. Instead of the agreed compensation, the ordering party must pay Busvermietung24 GmbH appropriate damages in this case, provided the cancellation is not attributable to a circumstance for which Busvermietung24 GmbH is responsible. The appropriate damages must be paid as a lump-sum amount as follows:
- For cancellation 30 days before the scheduled transportation 15 %;
- For cancellation 29 to 15 days before the scheduled transportation 30 %;
- For cancellation 14 to 8 days before the scheduled transportation 50 %;
- For cancellation 7 to 2 days before the scheduled transportation 80 %;
- For cancellation one day before the scheduled transportation 100 %;
of the contractually agreed compensation.
The ordering party is entitled to prove that Busvermietung24 GmbH has not suffered any loss or has suffered an essentially minor loss.
A claim for damages will be entertained if the cancellation is based on service changes by Busvermietung24 GmbH that are unacceptable and unreasonable for the ordering party
§ 5 - Cancellation by Busvermietung24 GmbH
Busvermietung24 GmbH can cancel the contract before the start of the transportation, if there are exceptional circumstances for which Busvermietung24 GmbH is not responsible, which make the provision of transportation service impossible.
In case of a cancellation according to Article 5.1. The ordering party can only demand refund of the expenditures incurred by him in connection with the transportation contract.
5.3. If Article 1.5 is not complied with, Busvermietung24 GmbH can cancel the transportation contract, if such non-compliance makes the provision of the transportation service by Busvermietung24 GmbH unreasonable. The right of Busvermietung24 GmbH to claim compensation will remain unaffected.
5.4. If the advance payment and/or the payment of the remainder according to Article 3.3 is not received within the stipulated period, Busvermietung24 GmbH will have the right to withdraw from the transportation contract, if the ordering party was reminded about the payment and given a grace period. The right of Busvermietung24 GmbH to claim compensation will remain unaffected.
§ 6 - Termination for important reason
The ordering party and Busvermietung24 GmbH can terminate the contract without any notice period, if there is an unforeseeable but important reason for which neither party is responsible, due to force majeure or other such damages, aggravations or dangers of a serious nature like war or similar happenings (rebellion, turmoil or civil war etc.), terrorist attacks, epidemics, extreme weather or traffic conditions, damages caused by state organs, persons or other occurrences like demonstrations, road blockades, strikes etc., provided the transportation becomes infeasible thereby. The same condition will apply if the transportation is rendered difficult, endangered or impaired by the ordering party, a passenger or due to the non-observation of the regulations defined in Article 2.2 b) and this make the transportation infeasible for Busvermietung24 GmbH.
In case of a termination in accordance with Article 6.1. Sentence 1, Busvermietung24 GmbH is obliged to perform a contractual return processing and to transport the passengers back in the contractually provided vehicle, provided such return is feasible. Possible additional costs of the return transportation, e.g., by commissioning a spare transport vehicle with be borne 50:50 by the contracting parties. The rights of the passengers according to Art. 8 of Ordinance (EU) No. 181/2011 dated 16.02.2011 will not be affected in any way.
If the contract is terminated in accordance with Article 6.1. Sentence 2, Busvermietung24 GmbH is obliged to provide return transport, only if it is feasible for Busvermietung24 GmbH. Possible additional costs of a return transport will be borne by the ordering party. The rights of the passengers according to Art. 8 of Ordinance (EU) No. 181/2011 dated 16.02.2011 will not be affected in any way.
In case of termination in accordance with Article 6.1 the contractually agreed compensation claim of Busvermietung24 GmbH will not be entertained. Busvermietung24 GmbH will instead receive an appropriate compensation for the already delivered services. In each case, this compensation must cover the actual costs and expenses incurred by Busvermietung24 GmbH, especially on commissioning of services by third parties.
§ 7 - Liability of Busvermietung24 GmbH
Busvermietung24 GmbH will be liable for material damages suffered by each transported passenger up to a max. of 1,200.00 €, unless these were caused intentionally or due to gross negligence.
For such compensation claims which are not based on malice or gross negligence and which do not involve death, physical injury or impairment of health, the liability of Busvermietung24 GmbH will be limited to three times the price of the transportation. This condition will not apply if a main obligation of the contract is violated, or the loss is covered by an insurance or would normally have been covered through the conclusion of such an insurance by the transportation company.
Liability for service disruptions due to force majeure or other such damages, aggravations or dangers of a serious nature, like war or similar happenings (rebellion, turmoil or civil war etc.) , terrorist attacks, epidemics, extreme weather or traffic conditions, damages caused by state organs, persons or other occurrences like demonstrations, road blockades, strikes etc., is ruled out. The rule of Article 6.2 will remain unaffected.
7.4. For death, physical injury and health impairment, Busvermietung24 GmbH will be liable as per the legal provisions.
7.5. The rights of passengers according to the Ordinance (EU) No. 181/2011 dated 11.02.2011, especially according to Article 7 and 8 and Article 17 Para 1 and 2, will not be affected by the liability limitations defined in this article. If accommodation is provided to passengers due to an accident suffered by the omnibus in which they are travelling, the total cost of accommodation per passenger will be restricted to 80.00 Euro per night and to a max. of two nights without acknowledging any legal obligation according to Article 8 of the Ordinance (EU) No. 181/2011.
§ 8 – Luggage, behaviour of passengers
The transportation of normal luggage and the usual hand luggage is a part of the contractual service obligation. More than one piece of luggage per passenger, spare luggage in extra-large size will be transported only with the prior discussion with Busvermietung24 GmbH.
The following items are excluded from transportation: easily inflammable, explosive or other such hazardous substances as well as all objects or materials which can pose a risk or which can injure the passengers.
The ordering party will be liable for losses caused by the objects carried by the ordering party or his passengers or due to the behaviour of the ordering party or his passengers, provided the recorded damages or losses are attributable to circumstances for which the ordering party or his passengers are responsible.
If the ordering party or the passengers do not follow the instructions of the deployed bus driver, they can be excluded from the transportation, if further transportation is rendered infeasible for Busvermietung24 GmbH. Any claim of return transport is ruled out in these cases.
§ 9 - Court of jurisdiction and applicable law
If the ordering party is a businessman or a legal person of public law or of legal fund assets or if the ordering party does not have any court of jurisdiction in the country, the court of jurisdiction will be the head office of Busvermietung24 GmbH for all direct or indirect disputes arising from the contractual relationship. Busvermietung24 GmbH can also file a petition at his general court of jurisdiction.
German law will apply to the business terms and conditions and the total legal relations between the ordering party and Busvermietung24 GmbH.
§ 10 - Miscellaneous
If individual contract provisions including the provisions of the general business terms and conditions are invalid, this factor will not affect the validity of the remaining contract. The invalid provision will be replaced by the legal provisions.
The ordering party is not permitted to directly commission a company which was deployed by Busvermietung24 GmbH and which executed the contract, within two years of the completion of the transportation service. Violation of this rule will expose the ordering party to a contract penalty of 1,000 € to be paid to Busvermietung24 GmbH.
Claims of defects/faults arising out of the transportation contract will lapse 12 months after the completion of the transport, even if these are claims of consumers or compensation claims arising from death, physical injuries or impairment of health and/or damages caused by malice or gross negligence. In addition, the legal statutes of limitation will apply even for cases of fraudulent concealment.
Version: February 2016